Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Minutes 4/20/05
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
APRIL 20, 2005
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK


Present:        Supervisor Clarence W. Mosher, Councilmen, Peter V. Russo, Robert E. Bailey and James E. Denney

Absent: Councilman Mark A. Quinn

                Supervisor Mosher called the meeting to order at 7:30 PM.  Supervisor Mosher gave the Invocation and Councilman Bailey was asked to lead us in the Pledge of Allegiance.

                Supervisor Mosher asked the Town Clerk, Linda C. Neals, to call the roll. Everyone was present and accounted for except Councilman Mark A. Quinn who was out of town.

Town Council Reports:

                Councilman Russo – “I have some very good news.  I received a phone call from the NYSDOT informing me that the land transfer, where we want to build a public safety training center, has been approved by the State Comptroller’s Office and it is now only a matter of five (5) to ten (10) days before that transaction will take place.

                The second thing that I have is to remind everyone of the Town Bulk Item Pickup.”

                Supervisor Mosher thanked Councilman Russo for his effort in getting the fire training site approved.

                Councilman Bailey – “No formal report but to supplement to what Councilman Russo stated. On my short drive over here this evening I noticed a total of twelve (12) tires thrown out in the various discard piles.  Tires are not acceptable and I hope the residents will understand as they are left after the pick up is complete.”

                The Privilege of the Floor was opened at 7:40 p.m.
                The following people exercised the Privilege of the Floor.

                Henry Plant, 1641 Amsterdam Road
                Vicki Watkins, 52 Hill Street

                No one else wished to speak; Supervisor Mosher closed the Privilege of the Floor.

Supervisor’s Comments:

                Supervisor Mosher – “We passed a resolution at the last Town Board Meeting, Chief Boyle and Deputy Chief Macherone want to get the Glenville Police accredited and they are moving very quickly.

                Chief, thank you very much, for providing me with copy of an Agency Participation Agreement between the Agency, Glenville Police Department and the program manager from DCJS.

                We received an e-mail from a resident complaining about Niagara Mohawk and she asked us to please convey this information to Niagara Mohawk, which we will and she said oh by the way this is the first time that I have been on the Town’s website since I posted my water meter reading last year.  Being a web master myself, you people have done a fantastic job, great improvement.”

                Moving to the resolutions the following were acted upon.


RESOLUTION NO. 101-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

BOND RESOLUTION, DATED APRIL 20, 2005, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $700,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF GLENVILLE, SCHENECTADY COUNTY, NEW YORK, TO FINANCE THE COST OF CONSTRUCTION OF SIDEWALKS

        WHEREAS, the Town Board of the Town of Glenville (the “Town”) desires to provide for the financing of the cost of and the cost incidental thereto of the engineering, right-of-way acquisition and construction of sidewalks as more particularly set forth in the Glenville and Scotia Sidewalk Construction P.I.N. 1756.28 at an estimated cost of $700,000 and has and hereby determines that such payments are in the public interest of the Town;

        WHEREAS, such Town Board has determined that any obligations authorized or issued pursuant to the financing described in this resolution shall mature in not more than fifteen (15) years as prescribed in the Local Finance Law to permit this resolution to become effective upon its adoption;

        NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville as follows:

        SECTION 1. There are hereby authorized to be issued serial bonds of the Town of Glenville in the aggregate principal amount not to exceed the amount of $700,000 pursuant to the Local Finance Law, in order to finance the specific objects or purposes hereinafter described.

        SECTION 2. The specific object or purpose (hereinafter referred to as “purpose”) to be financed by the issuance of such serial bonds is the engineering, right-of-way acquisition(s) and construction of sidewalks as more particularly set forth in the Glenville and Scotia Sidewalk Construction P.I.N. 1756.28 (the “Project”). The plan for the financing of provides for the total cost thereof to be financed from the proceeds of the bonds herein authorized to be issued and the apportionment of the costs such program to be borne at the ratio of 75% Federal grant funds and 25% non-federal grant funds. No payment from current funds is required by Section 107.00 of the Local Finance Law.

        SECTION 3. It is hereby determined that the class of objects or purposes for which such serial bonds herein authorized to be issued is set forth in subdivision 20(d)of paragraph a of Section 11.00 of the Local Finance Law, namely, the construction, reconstruction, widening or resurfacing of a highway, road, street, parkway or parking area, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving rights of way or improvement in connection therewith for the Town use.

        SECTION 4. The Supervisor of the Town is hereby authorized to designate the bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of l986, as amended, if the Town does not issue in excess of $5,000,000 of its general obligations in the calendar year in which the bonds are issued. The Town covenants it will take any necessary action, do all things and not take any prohibited action to insure that the interest on the bonds will be exempt from Federal income taxation at all times.

        SECTION 5. Subject to the terms and conditions of this bond resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00, 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this bond resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and content of such serial bonds and such bond anticipation notes authorized by this bond resolution, and the power to issue, sell
and deliver such serial bonds and bond anticipation notes, including renewal notes, and to make any necessary “arbitrage” covenants in the name of the Town, is hereby delegated to the Supervisor of the Town as the chief fiscal officer of the Town. The Supervisor of the Town is hereby authorized to execute by manual or facsimile signature on behalf of the Town all serial bonds issued pursuant to this bond resolution and all bond anticipation notes, including renewal notes, issued in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby authorized to affix the seal of the Town (or to have imprinted a facsimile thereof) to all such serial bonds and all such bond anticipation notes, including renewal notes, and to attest such seal. Such serial bonds, if, as and when issued shall be authenticated by the countersignature of a fiscal agent of the Town or by the appropriate designated officer of the Town pursuant to Section 70.00 of the Local Finance Law.

        SECTION 6. The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. An annual appropriation shall be made in amounts sufficient to pay installments of principal together with interest on the obligations herein authorized as the same become due and payable, such amounts to be included in the levy of taxes on all taxable parcels of land in the Town.

        SECTION 7. When this bond resolution takes effect, the Clerk of the Town shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law at least once in “The Daily Gazette”, the official newspaper of the Town, a newspaper having a general circulation in the Town.

        SECTION 8. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

        1.) Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

        2.) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20)days after the date of such publication, or

        3.) such obligations are authorized in violation of the provisions of the Constitution of the State of New York.

        SECTION 9. Tax Covenant. The Town covenants for the benefit of the registered owners of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Town, or will not make any use of the facilities financed with the proceeds of the obligations which would cause interest on the obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended, (the “Code”) (except for the alternative minimum tax imposed on individuals and corporations by Section 148 of the Tax Code, except for the environment tax imposed on corporations by Section 59A of the Tax Code and except for any obligations held by substantial users, or related persons, of the projects financed by the obligations) or subject the Town to any penalties under Section 148 of the Tax Code, and that it will not take any action or omit to take any action with respect to the obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on the obligations to become subject to Federal income taxation under the Tax Code (except for the alternative minimum tax imposed on individuals and corporations by Section 55 of the Tax Code and except for the environmental tax imposed on corporations by Section 59A of the Code) or subject the Town to any penalties under Section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provision hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized to be issued herein may be applied to reimburse expenditures or commitments made for such purpose on or after a date which is not more than one year prior to the date of adoption of this bond resolution. The Town expects to expend general funds or other available moneys for the purposes which should be reimbursed from the proceeds of such obligations.

        SECTION 10. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Town Board of the Town shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York Department of Environmental Conservation, all orders of the New York Department of Environmental Conservation and all applicable Federal laws and regulations in connection with environmental quality review relating to the specific object or purpose authorized to be financed herein (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Town Board of the Town will re-adopt, amend or modify this bond resolution prior to the issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Town Board of the Town that the project will not have a significant effect on the environment.

        SECTION 11. This bond resolution shall take effect immediately upon its adoption by the required votes by the Town Board of the Town.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstentions:            None

Motion Carried


RESOLUTION NO. 102-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                WHEREAS, by application dated March 22, 2005 and pursuant to Local Law No. 3 of 1974, Schenectady County Environmental Advisory Council has applied for a permit to conduct Outdoor Amusement/Entertainment at the Indian Kill Nature Preserve on Hetcheltown Road, May 07, 2005 and

                WHEREAS, said application did include permission of the owner of the property on which said Amusement/Entertainment will be conducted, and the necessary insurance coverage; and

                WHEREAS, said application has been referred to the Chief of Police, Town of Glenville and the respective Fire Chief of the area in which said entertainment will be conducted and the Schenectady County Environmental Health Department, as required by Article II, Section C of said Local Law No. 3,

                NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville that said application of the Schenectady County Environmental Advisory Council be and it hereby is approved, and

                BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue the required permit subject to all stipulations cited by the Chief of Police, the Alplaus Fire Chief and the Schenectady County Environmental Health Department.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstention:             None

        Motion Carried


RESOLUTION NO. 103-2005

Moved by:       Councilman Bailey
Seconded by:    Councilman Russo

                WHEREAS, the Town of Glenville, pursuant to the terms and conditions of an intergovernmental agreement, has discharged a portion of its sanitary wastewater into the City of Schenectady sanitary sewer system for treatment by the City’s wastewater treatment plant; and

                WHEREAS, the intergovernmental agreement governing the service relationship between the Town and the City expired on December 18, 2003; and

                WHEREAS, a renewal agreement has been negotiated between the City of Schenectady and the Town of Glenville pursuant to which the sewer service area for the Town has been expanded to include the entire Town of Glenville; and

                WHEREAS, the renewal agreement calls for the City to continue to provide wastewater treatment services to the Town for a period of five years, a copy of which is attached hereto;

                NOW, THEREFORE, BE IT RESOLVED that the Supervisor of the Town of Glenville is hereby authorized to execute the intergovernmental service agreement with the City of Schenectady for treatment of the Town’s sanitary wastewater.  

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstentions:            None

Motion Carried

Discussion…

                Arkley L. Mastro, Jr. – “This is the renewal agreement that has been in the negotiation stage, probably close to two years, I think we worked on it when I was still a councilman.

                What this does is it creates new terms and conditions for the City of Schenectady to provide wastewater treatment services for the Town of Glenville wastewater.  The existing agreement expired in December of 2003, but we have been operating under that agreement under the continuation clause since that date.  The major benefit that is included in that agreement for the Town of Glenville is that it expands the sewer service area to incorporate the entire geographic area of the Town of Glenville, which means that when new developments want to move into the Town of Glenville it is not necessary any longer for the Town to go to the City to seek approval to expand our sewer service area so that now we can be the masters of our own fate here.

                It also continues, this agreement for a five (5) year period, it raises the rate slightly that we pay and it also calls for a  phase in five (5) year minimum usage charge from about what we are providing now to a top gallon minimum in the year of 2010.  Those were the last provisions to be revised and they are quite favorable to the town.  It gives the town of Glenville some breathing room in terms of providing services to its citizens for the next five (5) years and gives the town the ability to explore whatever options it chooses in the future.”

                Supervisor Mosher – “We have been kicking this one around for at least a year and I’m very glad that it finally has come to fruition.

                Mayor Stratton and I are both very interested in this, both from a giving point of view.

                I expect that the Water and Sewer Committee should meet very shortly.  Mr. Russo says we should march up Route 50 and I agree we should march up Route 50 and down Route 50 also.”

RESOLUTION NO. 104-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Bailey

                WHEREAS, the Town Board of the Town of Glenville approved Resolution No. 99-2005 which established the Glenville Industrial Parks Fire & Emergency Medical Services Advisory Committee at their April 6, 2005 meeting; and

                WHEREAS, the Ex-Officio representing the Village of Scotia was not named at that time,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby appoints Kris Kastberg, Village Ex-Officio of the Glenville Industrial Parks Fire & Emergency Medical Services Advisory Committee.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstention:             None

Motion Carried


RESOLUTION NO. 105-2005

Moved by:       Councilman Denney
Seconded by:    Councilman Russo

                WHEREAS, the Town of Glenville’s assistance has been requested from the Alplaus Resident’s Association and the Alplaus Fire Department to continue long-standing community beautification efforts, and

                WHEREAS, these requests involve the Town of Glenville providing permitting and insurance to Niagara Mohawk Power Corporation for use of their property (the Ted Schwarz Memorial – across from the Alplaus Fire Station) and power poles (banners/flags), and  

                WHEREAS, the town’s insurer, Cool Insuring, has indicated that the town’s participation in these efforts would not result in any additional premium or significant risk, and

                WHEREAS, these efforts dovetail with the town’s existing beautification efforts, including the same permits and insurance for the street banners that were displayed in the Town Center,

                NOW, THEREFORE, BE IT RESOLVED, that the Director of Human Services is authorized to assist and coordinate with the Alplaus Resident’s Association and the Alplaus Fire Department to provide the required permits and insurance for the memorial park and the flags display, and  

                BE IT FURTHER RESOLVED, that the Supervisor of the Town of Glenville is authorized to execute such paperwork as is necessary in this process, subject to Town Attorney review and approval.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstentions:            None

Motion Carried

RESOLUTION NO. 106-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Bailey

                BE IT RESOLVED that the Monthly Departmental Reports for March 2005 as received from the following:

                Assessor’s Department
                Building Department
                Dog Control
                Highway Department
                Justice Department
                Receiver of Taxes
                Section 8 Housing Payments
                Town Clerk's Office

be, and they hereby are accepted, approved for payment and ordered placed on file.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstentions:            None

Motion Carried




RESOLUTION NO. 107-2005

Moved by:       Councilman Russo
Seconded by:    Councilman Denney

                BE IT RESOLVED, that the minutes of the meeting held on April 6, 2005 be and they hereby are approved and accepted as entered.

Ayes:           Councilmen Russo, Denney, Bailey and Supervisor Mosher
Noes:           None
Absent: Councilman Quinn
Abstentions:            None

Motion Carried

                Motion to adjourn was moved by Councilman Denney and Seconded by Councilman Russo.

                The Town of Glenville Town Board Meeting was adjourned at 7:55 PM.


                                                                ATTEST:




______________________________
Linda C. Neals
Town Clerk